NOTICE OF VIOLATION
Via Certified Mail# Via Certified Mail#
To: Howard Driggs, Jr., President Howard Driggs, Jr., Registered Agent
P.O. Box 717 400 South Chamber Drive
Toledo, OH Decatur, IN 46733
Case No. 2000-9981-S
Based on an investigation by designated representatives of the Indiana Department of Environmental Management (IDEM) on November 21, 2000, Driggs Farms of Indiana, Inc., located at 400 South Chamber Drive, Decatur, Adams County, Indiana (the "Site"), was in violation of the following environmental statute and rules:
A. Pursuant to IC 13-30-2-1(1), a person may not discharge, cause, allow, or threaten to discharge, emit, cause, or allow any contaminant or waste into the environment or any publicly owned treatment works in any form that causes or would cause pollution. This violation is based on the fact that during the above noted inspection, ice cream rinse water was discharged into the Kohne Ditch leading to the St. Mary's River.
B. Pursuant to 327 IAC 2-6.1-7, any person who operates, controls, or maintains a facility from which a spill occurs shall, upon discovery of a reportable spill to the soil or surface waters of the state, contain the spill to prevent additional spilled material from entering the waters of the state, respond to the spill, and notify IDEM within two (2) hours if new or updated spill report information becomes known that indicates a significant increase in the likelihood of damage to the waters of the state. This violation is based on the fact that a spill of ice cream rinse water was not properly contained, and was not reported to IDEM within two (2) hours of the spill occurrence.
C. Pursuant to 327 IAC 2-1-6(a)(1), all waters at all times and at all places shall meet the minimum conditions of being free from substances, materials, floating debris, oil, or scum attributable to municipal, industrial, agricultural, and other land use practices or other discharges. This violation is based on the fact that during the above noted inspection, ice cream rinse water was discharged into the Kohne ditch leading to the St. Mary's River.
D. Pursuant to 327 IAC 5-2-2, any discharge of pollutants into waters of the state as a point source discharge, except for exclusions made in 327 IAC 5-2-4, is prohibited unless in conformity with a valid NPDES permit obtained prior to the discharge. This violation is based on the fact that during the above noted inspection, ice cream rinse water was discharged into the Kohne ditch leading to the St. Mary's River, and the Respondent did not have a valid NPDES permit.
In accordance with IC 13-30-3-3, the Commissioner is required to notify an alleged violator in writing that a violation may exist and offer an opportunity to enter into an Agreed Order providing for the actions required to correct the violations and for the payment of a civil penalty. The Commissioner is not required to extend this offer for more than sixty (60) days.
Entering into an Agreed Order will prevent the issuance of a Notice and Order of the Commissioner under IC 13-30-3-4, or the filing of a civil court action under IC 13-14-2-6. IDEM encourages settlement by Agreed Order, thereby saving time and resources. Timely settlement by Agreed Order may result in a reduced civil penalty. Settlement discussions will also allow the opportunity to present any mitigating factors that may be relevant to the violations. In addition, as provided in IC 13-30-3-3, an alleged violator may enter into an Agreed Order without admitting that the violation occurred.
If settlement is not reached within sixty (60) days of receipt of this Notice of Violation, the Commissioner may issue a Notice and Order containing the actions that must be taken to achieve compliance, the required time frames, and an appropriate civil penalty. Pursuant to IC 13-30-4-1, the Commissioner may assess penalties of up to $25,000 per day for each violation.
To discuss this matter further, please contact Jennifer Andres at (317)233-3831 within fifteen (15) days after receipt of this Notice to request a conference. If settlement is reached, an Agreed Order will be prepared and sent for review and signature.
For the Commissioner:
Signed on 1/16/01
Date: _______________ _________________________
Felicia A. Robinson
Assistant Commissioner
Office of Enforcement
cc: Adams County Health Department
Becky Grahm, EMA
313 South First Street
Decatur, IN 46733
Adams County G2A Public File
Capt. Anthony Wilson, IDNR (IGCS)
Enforcement File
http://www.state.in.us/idem